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Anonymous
Anonymous asked in Politics & GovernmentLaw Enforcement & Police · 1 decade ago

Will my fiance end up going to jail on his first offense??

To make a long story short, my fiance and I got into a heated argument and he twisted my arm. I bruise very easily so there is no getting around that. I got mad and called the cops and they said i couldn't drop the charges b/c i was holding my child when it happened. This is his very first offense. He's never been arrested and he's charged with Family Violence [Simple Battery]. he didn't know waht to say and was still a bit mad so he plead not guilty when he went before the judge while he was in jail. Now its on trial. My question is, is there a good chance he can walk on this if we went back to court being its his first in a lifetime??

If not, what can he do or say to walk?? And if he doesn't get jail time, whats the worst he could get??[probation, etc??]

12 Answers

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  • 1 decade ago
    Favorite Answer

    It doesn't matter if you bruise easily, there's a rule in law that's called the thin skull rule, which basically means you take the victim as they come and any damage you are held responsible for. If you were holding your child he is more likely to get jail time.

    Since it's a first offence, and only battery it will probably be dealt with in magistrates' court. It has a higher conviction rate, but they can't give big sentences, they can jail him for a maximum of 6 months(which he is likely to get at the moment) or a fine of anything up to £5000, or he could be aquitted.

    It would probably be best if he pleads guilty as courts don't like their time being taken up or wasted, (Magistrates' courts deal with 95% of cases) they will be more likely to give him a reduced sentence or fine.

    Source(s): I'm a law student
  • 1 decade ago

    You bruising easily is a nothing more than an excuse for your fiance. He should never lay a finger on you for any reason.

    Most likely he's not going to get any serious jail time over this. He'll probably get probation and only a few days in jail. But what are the police to do if you keep calling them and keep returning to a relationship with your fiance? Please be careful and take good care of yourself and child.

  • 1 decade ago

    I believe there is no way of getting around the Jail time. The thing of it is that the whole court system works together, and now that he pled not guility the punishment is usually 4x the punishment if he would have takeb a plea bargain. The best thing to do is to go to the prosecutor and get a plea bargain and take it. (if it is reasonable). But that is pretty much the only thing he can do to get out of jail. That is what I would have to do, but if he takes the plea bargain then he will ost likley be on probation. They depend on probation because the people usually mess up and end up back in jail so you have to be careful if he does get probation.

  • 1 decade ago

    There is no way he is "walking" now, you could change his plea to guilty and hope the judge goes easy on him. Even if found guilty he will only do community service and a few months of anger management classes

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  • 1 decade ago

    Why are you still marrying him? You do know that is not normal behavior? You do know that he will probably do it again? I hope you do.

    Hopefully he does go to jail for a few weeks. But I suspect he will end up on probation with maybe a weekend in jail.

    Source(s): Me Police Officer
  • Anonymous
    1 decade ago

    Maybe you should testify to the judge yourself and say that you dont want anything to happen, that may help. If it does you can then tell your fiance to stop hitting you or you will call the police next time.

  • Karmah
    Lv 4
    1 decade ago

    probably not but he may be ordered to take anger management classes. they may make him do a minimal jail sentence - under 30 days in the county jail but i doubt it.

    i know you don't want to hear this but i'm going to say it anyway. NEVER let ANYONE lay a hand on you EVER!!!!!!! you should leave him.

  • Anonymous
    1 decade ago

    It's all up to the judge and jury now. You should probably talk to his defense attorney about testifying for him.

    I understand if it was a one time heated thing, but if he does this kind of thing regularly you need to leave his ***.

  • Cases like yours are why I got out of law enforcement. Why worry about this garbage, he is gonna abuse you again and again. Get away from him now and don't look back before you end up dead.

  • LeAnne
    Lv 7
    1 decade ago

    This won't be the last time he assaults you, whether he gets jail time or not.

    It maybe time for you to make some hard decisions about this relationship.

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